United States v. Montoya-Hernandez
Supreme Court
473 U.S. 531 (1985)
Customs officials became suspicious of Rosa Elvira Montoya de Hernandez (defendant) after noting her frequent trips into the country and disbelieving her account of traveling without hotel reservations, appointments, or means of payment; a patdown and strip search revealed she wore two pairs of underwear and had a firm stomach, suggesting alimentary-canal drug smuggling. After she could not be rebooked on a return flight, officials detained her for over 16 hours until obtaining a court order for an x-ray and rectal exam, which revealed the drugs. The Ninth Circuit reversed her resulting conviction, finding no 'clear indication' she was smuggling drugs internally, and the Supreme Court granted certiorari.
Whether, under the Fourth Amendment, a person entering the country may be subjected to more intrusive searches than routine border searches.